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U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Making tremendous progress through shared responsibility and shared action –Educating the public –Reducing incidents Incidents/accidents remind us continuous improvement is essential Still more work to be done…to improve pipeline safety How are “we” doing on pipeline safety?

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U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Intent of PIPA Encourage risk informed land use planning, not setbacks Recommend taking the opportunity to develop a good relationship with those around and who make decisions around the ROW and beyond Consider how easements may impact businesses and landowners in the future www.PIPA-Info.com

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U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Characterization Tool – Round 2 Nine Elements Designed to understand where states stand with respect to the Nine Elements of an effective damage prevention program Same approach, slightly different scoring Many questioned have been revised –In many cases, questions if requirements are in laws Results will be tabulated and displayed in a similar manner to existing results page States are taking steps to strengthen their programs and as a result these program characterizations may change from time to time.

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U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Existing PHMSA Damage Prevention Regs PHMSA regulations currently require pipeline operators – and their contractors – to have and follow written damage prevention programs Operators must have written damage prevention programs, be members of one-calls, locate and mark pipelines when in receipt of excavation notification, and monitor/inspect pipelines during and after excavation activity as necessary Operators face civil penalties for non-compliance

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U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Intent of the DP Reg NPRM Every state has an excavation damage prevention law, but no two laws are identical (see http://primis.phmsa.dot.gov/ comm/DamagePrevention.htm) Some states do not adequately enforce their damage prevention laws Effective enforcement reduces excavation damage rates The proposed rule is intended to accomplish the following: Reduce excavation damage to pipelines Encourage states to adopt effective, balanced damage prevention law enforcement programs Provide “backstop” Federal enforcement authority in states that lack adequate enforcement programs - 21 -

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U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PIPES Act Requirements At a minimum, PIPES Act requires excavators to: Use a One Call system before excavating Regard the location information or markings established by a pipeline facility operator An excavator who causes damage to a pipeline facility that may endanger life or cause serious bodily harm or damage to property: Must promptly report the damage to the owner or operator of the facility; and If the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator: Must promptly report to other appropriate authorities by calling 911

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U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Other DP Efforts State Damage Prevention Grants Incident/leak/damage data Emergency Responder outreach Meetings with trade associations Presentations at events, participation in stakeholder meetings, provide letters, SERVE AS RESOURCE TO STATES Reauthorization –Exemption study to be completed in two years –Eliminates grant funding for states with certain exemptions

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